Abstract
The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets the civil and common law requirements that defines and emphasizes the good faith principle which shall minimize/prevent the disputes during contract negotiations, contract execution. In addition, it will assist if the project resorted to any dispute resolution mechanism. To attain the research’s objective, an extensive literature and a questionnaire were conducted to investigate the understanding of experts in the industry and assess how the good faith principle is applied in construction projects with respect to the mere definition of the principle. In addition, case precedents and interviews were conducted to validate the proposed clause. The results of the questionnaire, interview, and cases were compared to the findings of the literature review which showed that the clause drafting is thorough and shall benefit construction contracts to accomplish its intended objective, that shall minimize/prevent the costs of disputes, avoid any delays in the project duration and strengthens the contractual relationships.
School
School of Sciences and Engineering
Department
Construction Engineering Department
Degree Name
MS in Construction Engineering
Graduation Date
Fall 2-15-2023
Submission Date
1-24-2023
First Advisor
Samer Ezzeldin
Second Advisor
Engy Serag
Committee Member 1
Ahmed Waly
Committee Member 2
Khaled Nassar
Extent
115 p.
Document Type
Master's Thesis
Institutional Review Board (IRB) Approval
Approval has been obtained for this item
Recommended Citation
APA Citation
Rashed, N.
(2023).Implications of Good Faith in Construction Contracts [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2025
MLA Citation
Rashed, Nadine. Implications of Good Faith in Construction Contracts. 2023. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/2025
Included in
Administrative Law Commons, Civil Engineering Commons, Civil Law Commons, Common Law Commons, Construction Engineering and Management Commons, Construction Law Commons